Part I.
Texas Department of Transportation
Chapter 1.
Management
Subchapter G. Donations
43 TAC §§1.500-1.505
The Texas Department of Transportation proposes new §§1.500-1.505,
concerning donations.
Government Code, Chapter 2255, requires a state agency which is authorized
by statute to accept money from a private donor to adopt rules governing
the relationship between the donor, the agency, and the agency's employees.
Section 1.500 establishes procedures concerning the acceptance of gifts
and donations made to the department.
Section 1.501 defines words and terms used in the new subchapter.
Section 1.502 identifies the types of gifts and donations the department
may accept and specifies that the gifts and donations must be accepted for
the purpose of performing the department's functions under the identified
statutes.
Section 1.503 describes the conditions under which the department will
approve the acceptance of an authorized gift or donation, including the requirements
that the gift or donation further the department's responsibilities under
the identified statutes and that the donor must not be regulated by the department
or have any interest or the likelihood of an interest in any contract, purchase,
payment, or claim with or against the department. The section also allows
the acceptance of a gift or donation, notwithstanding department regulation
or donor interest, if the acceptance will provide a significant public benefit
and would not influence or reasonably appear to influence the department
in the performance of its duties.
Section 1.504 prescribes a donation agreement which must be executed by
the donor and the department to effect a donation valued at more than $250
and sets out the terms which must be included in all such agreements.
Section 1.505 prescribes the disposition of an accepted gift or donation,
including the requirement that the department deposit monetary donations
in the state treasury, in an approved account, to the credit of the department,
to be used to carry out the purposes of the department as specified by the
donor.
Frank J. Smith, Director, Budget and Finance Division, has determined that
for each year of the first five-year period the new sections are in effect
there will be fiscal implications for state government as a result of enforcing
or administering the new sections. There will be a minimal cost to the state
in preparing donation agreements. There will be a possible loss in revenue
due to the general prohibition against the acceptance of donations from entities
regulated by or doing business with the department. This revenue loss may
not be quantified as it will depend on the number and types of donations
made to the department. There are no anticipated fiscal implications for
local governments. There is an anticipated minimal economic cost to persons
who are required to comply with the rules as proposed.
Robert W. Jackson, Deputy General Counsel, has certified that there will
be no significant impact on local economies or overall employment as a result
of enforcing or administering the new sections.
Mr. Jackson has also determined that for each year of the first five years
the new sections are in effect the public benefit anticipated as a result
of enforcing the sections will be increased public awareness of the relationship
between the department and private donors, particularly relating to who may
make gifts and donations to the department, and the manner in which such
gifts and donations will be used. There will be no effect on small businesses.
Written comments on the proposed new sections may be submitted to Robert
W. Jackson, Deputy General Counsel, Texas Department of Transportation, 125
East 11th Street, Austin, Texas 78701. The deadline for receipt of written
comments will be at 5:00 p.m. on Tuesday, February 4, 1997.
The new sections are proposed under Transportation Code, §201.101,
which provides the Texas Transportation Commission with the authority to
promulgate rules for the conduct of the work of the Texas Department of Transportation,
and more specifically, Government Code, Chapter 2255, which requires a state
agency which is authorized by statute to accept money from a private donor
to adopt rules governing the relationship between the donor, the agency,
and the agency's employees.
No other statutes, articles, or codes are affected by the proposed amendment.
§1.500.Purpose.
This subchapter establishes procedures concerning the acceptance of
private gifts and donations made to the department. This subchapter does
not apply to private donations of real property.
§1.501.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
Commission
- The Texas Transportation Commission.
Department
- The Texas Department of Transportation.
Executive director
- The executive director of the department.
Gift or donation
- A contribution of anything of value given
to the department.
§1.502.Acceptable Gifts and Donations.
The department may accept donations or gifts for the purpose of performing
the department's functions under:
(1)
Transportation Code, Chapter 455, relating to mass transportation;
(2)
Texas Civil Statutes, Article 6144e, relating to travel
information;
(3)
Transportation Code, Chapter 21, relating to aeronautics;
(4)
Transportation Code, Chapter 225, Subchapter B, concerning
the construction and maintenance of markers for named state highways; and
(5)
Transportation Code, Chapter 723, concerning the Texas
Traffic Safety Program.
§1.503.Acceptance.
(a)
Acceptance of a gift or donation made to the department
under this subchapter must be approved in writing by the executive director,
except that a gift or donation valued at $1,000 or less may be approved by
the executive director's designee not below the level of district engineer,
division director, or special office director.
(b)
Except as provided in subsection (c) of this section, the
executive director or his or her designee may approve the acceptance of a
gift or donation if he or she determines that:
(1)
the gift or donation will further the department's responsibilities
under Transportation Code, Chapters 21, 225, Subchapter B, 455, or 723, or
Texas Civil Statutes, Article 6144e; and
(2)
the donor is not subject to department regulation
or oversight, or interested in or likely to become interested in any contract,
purchase, payment, or claim with or against the department.
(c)
The commission may approve the acceptance of a gift or
donation notwithstanding subsection (b)(2) of this section if it determines
acceptance:
(1)
would provide a significant public benefit; and
(2)
would not influence or reasonably appear to influence
the department in the performance of its duties.
§1.504.Donation Agreement.
(a)
Agreement. To effect a donation valued at more than $250,
the donor and the department must execute a donation agreement which shall
include:
(1)
a description of the donation, including a determination
of its value;
(2)
a statement by the donor attesting to its ownership
rights in the property;
(3)
any conditions restricting the use of the donation;
(4)
the mailing address of the donor and principal place
of business if the donor is a business entity;
(5)
a statement identifying the official relationship
between the donor and the department;
(6)
a statement advising the donor that the department
neither approves nor is responsible for any representations by the donor
for tax purposes; and
(7)
the signature of the donor if the donor is an individual
or its official representative if the donor is an entity other than an individual;
and
(8)
the signature of the executive director or his or
her designee.
(b)
Public information. A donation agreement entered into in
accordance with this subsection is public information.
§1.505.Disposition of Accepted Gift or Donation.
(a)
Monetary gift or donation. The department will deposit
monetary donations in the state treasury, in an approved account, to the
credit of the department. The money shall be used to carry out the purposes
of the department and the purposes specified by the donor.
(b)
Gift of tangible goods. The department's General Services
Division will record or inventory a gift of tangible goods donated under
this section in accordance with department procedures.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 23, 1996.
TRD-9618613
Bob Jackson
Deputy General Counsel
Teas Department of Transportation
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 463-8630
Subchapter C. Utility Accommodation
Chapter 21.
Right of Way